Who Works on a Mass Tort Case?
Due to the large number of people involved in a mass tort case, several professionals and parties are involved in handling different parts of the case. Often, the list of people who work on a mass tort case may include judges, jurors, attorneys, paralegals, expert witnesses, etc.
Judges: Typically, judges play a crucial role in any litigation. However, the duties of judges in a mass tort case may differ due to the many parties involved. Asides from overseeing mass tort cases and providing verdicts, some of the duties of a judge in a mass tort case include:
- Ensuring all medical examinations are objective and injuries are ranked according to their severity
- Creating a central database for plaintiffs
- Adopting a schedule to aid early discovery and trial process
- Selecting plaintiffs for early trial based on the database.
Jurors: Jurors in a mass tort case are responsible for deciding whether a defendant is liable or not. In most situations, jurors are only required to consider the evidence provided based on the direction of a judge. They are not responsible for interpreting the law surrounding a case. Jurors may take notes during a trial proceeding to better understand certain parts of a case. Also, they are involved in interpreting the evidence and reaching a verdict.
Mass Tort Attorneys: Attorneys are crucial to any mass tort case; they are responsible for representing parties involved in the case. Mass tort attorneys advise and prepare their clients at different stages of a mass tort lawsuit or settlement. In addition, an expert mass tort attorney identifies the cause of an injury and relates it to the type of negligence committed by the defendant.
Paralegals: Paralegals play a crucial role in onboarding plaintiffs and documenting the entire process of a mass tort case. They are legal professionals trained to assist attorneys. Most times, a paralegal is responsible for obtaining the personal and medical information of plaintiffs. Similarly, paralegals oversee the filing of the case and the submission of documents required during discovery. They also ensure effective communication between third parties and other co-counsel firms.
Expert witnesses: Typically, expert witnesses are skilled professionals in the field related to the case that explain complex concepts to the jurors and other persons involved in a mass tort case. The idea is for an expert witness to break down complicated facts into terms understandable by a layperson.
How to Find the Best Mass Tort Law Firm or Lawyer in Texas
In Texas, a plaintiff may find the best mass tort law firm or lawyer by following these steps:
Online Directory: Anyone interested in finding the best mass tort law firm or lawyer in Texas can begin their search with an online directory. The Texas Bar Association provides an online directory that allows individuals to find a mass lawyer in Texas. Interested persons can search the directory for expert lawyers using any of the following criteria: the reason for a lawyer, location, education and certifications, languages and accommodations, fees options, or contact information. A plaintiff may also use a combination of any of the search criteria.
Referral or Recommendation: Another way for a plaintiff to find the best mass tort lawyer in Texas is through referrals or recommendations. Recommendations or referrals may come from colleagues, family, and friends who have experience handling similar cases. It could also be that they know someone with a similar case. Nonetheless, the Texas Bar Association manages a Lawyer Referral & Information Service (LRIS) that pairs plaintiffs with qualified lawyers that match their case. Also, interested persons may be required to pay up to $20 for 30 minutes consultation with the paired lawyer.
News Update: Mass tort cases are often cases that involve a large number of people with similar interests. A mass tort case becomes a state or national interest that may lead to extensive news coverage. Interested persons who wish to find the best mass tort law firm or lawyer in Texas can take note of the firms handling different mass tort cases. It may include past or current mass tort cases.
How Do Attorneys Determine What Cases Qualify as Mass Torts?
Attorneys determine what cases qualify for mass torts by considering the similarities between the different cases. Commonly, mass tort cases must involve a large number of plaintiffs with similar issues against a defendant or defendants. For instance, there are chances of similar injuries if a product defect affects many people. Therefore, attorneys are responsible for finding the link between the different cases.
How Are Lawyers Paid in Tort Cases?
Most times, lawyers who handle tort cases are paid contingency fees. Per the American Bar Association, a contingency fee is a payment structure that allows a lawyer to accept a fixed percentage of the compensation amount. The payment percentage obtainable is often one-third of the compensation. However, the contingency fee may vary depending on the type of case. In addition, a lawyer receives payment only when the plaintiff wins the case. If the plaintiff loses the case, such a lawyer will not receive payment. Although, the plaintiff may be required to pay for court filing fees, the cost of expert witnesses, and similar charges.
In most cases, a lawyer must provide the plaintiff with a written document that contains the contingency fee. It often consists of the required percentage of the compensation and payment for the litigation fees and other similar costs. Both parties must decide whether the litigation fees will be deducted from the compensation amount if they win the case.
What Does Mass Tort Case Management Entail?
Mass tort case management involves the different methods or techniques used to effectively and efficiently manage documents and other vital information in mass tort litigation. Managing a mass tort case can be complicated and burdensome due to the number of parties involved. However, interested lawyers and law firms can improve their mass tort case management process by using the following as a checklist:
- Decide on the steps to onboard new clients or plaintiffs.
- Retrieve or review plaintiffs’ medical records.
- Decide on a channel to communicate with plaintiffs.
- Keep proper records of plaintiff files.
- Ensure all necessary documents are submitted on time.
- Create a database for plaintiff information and other vital records such as medical history.
- Develop a process to issue claims after a mass tort settlement.
What Are Mass Tort Campaigns?
Mass tort campaigns are strategic ways for attorneys or law firms to reach more people by creating awareness focusing on a particular product liability or injuries sustained. The goal of mass tort campaigns is to get as many people as possible with similar issues, to join a mass tort lawsuit. To achieve this, interested mass tort attorneys or law firms may use both traditional and digital media. Traditional media for mass tort campaigns may include print, radio, and tv adverts. Meanwhile, digital media campaigns may consist of different channels such as website blogging, pay-per-click marketing, and social media targeted adverts.
What Are Mass Tort Conferences?
Mass Tort Conferences are gatherings of legal professionals representing plaintiffs in tort cases. Generally, mass tort conferences are organized to enable plaintiff attorneys or lawyers to connect, network, and gain insights about top mass tort cases in the country. In addition, mass tort conferences can also earn attendants credits for their Continuing Legal Education (CLE). CLE is simply the further education of lawyers after their admission to the bar.
What Is Mass Tort Settlement Administration?
A mass tort settlement administration is a variety of solutions or services available to law firms in Texas to resolve settlement issues during mass tort litigations. Typically, the process for settlement administration may include pre-settlement and post-settlement stages. It enables law firms to plan for settlement from the beginning. Although the services or solutions required per case may differ, they may include medical record review and retrieval, claims administration, settlement funds distribution, and more.
Do You Need National Coordinating Counsel?
Most times, companies facing mass tort litigations may need a national coordinating counsel due to the number of cases involved. Also, these cases may involve multiple jurisdictions that may overload a company’s in-house counsel. Therefore, a company must build a national coordinating counsel that can provide adequate defense on all fronts — within Texas or the country. In addition, a national coordinating counsel enables a company to create a consistent corporate story for its defense. This way, each trial attorney is aligned with the company’s defense strategy.
What Should You Look for in a National Coordinating Counsel?
Mass tort attorneys who work with companies as in-house counsels may find it tasking to decide on building a national coordinating counsel. In most cases, knowing what to look for in a national coordinating counsel is vital to a mass tort case. Some of the questions to ask include:
- Work experience in similar litigation: Finding expert attorneys with experience handling similar mass tort cases is vital to selecting a national coordinating counsel. It ensures such attorneys have a good understanding of what is required to win the case. Both parties can share relevant strategies as well.
- Information management: Because the in-house counsel cannot be present in all jurisdictions, it may require local counsels of such jurisdictions to gather relevant information. Examples of such information may be for or through discovery. An in-house counsel must ensure the counsel is equipped with the right technology. Consideration for any information management tools or processes also involves the cost of maintenance.
- Communication: Communication between an in-house counsel and its local counsel can make or mar a mass tort case. Therefore, communication is a vital factor in selecting a national coordinating counsel. It ensures the in-house counsel is in the loop of events happening in different jurisdictions. Some of the jurisdiction-specific information that should be communicated appropriately to in-house counsel include facts on individual cases, judicial profiles, and major plaintiffs’ representatives. Such information is often required to build defense strategies.
